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The Extradition Act, 1974

( ACT NO. LVIII OF 1974 )

Chapter II

SURRENDER OF FUGITIVE OFFENDERS

Liability of fugitive offenders to be surrendered
5. (1) Subject to the provisions of sub-section (2), every fugitive offender shall be liable to be apprehended and surrendered in the manner provided in this Act, whether the offence in respect of which his surrender is sought was committed before or after the commencement of this Act and whether or not a Court in Bangladesh has jurisdiction to try that offence.
 
 
 
 
(2) No fugitive offender shall be surrendered,-
 
 
 
 
(a) if the offence in respect of which his surrender is sought is of a political character or if it is shown to the satisfaction of the Government or of the Magistrate or Court before whom he may be produced that the requisition for his surrender has, in fact, been made with a view to his being tried or punished for an offence of a political character;
 
 
(b) if the offence in respect of which his surrender is sought is not punishable with death or with imprisonment for life or a term which is not less than twelve months;
 
 
 
 
(c) if the prosecution for the offence in respect of which the surrender is sought is, according to the law of the State asking for the surrender, barred by time;
 
 
 
 
(d) if there is no provision in the law of, or in the extradition treaty with, the state asking for the surrender that the fugitive offender shall not, until he has been restored or has had an opportunity of returning to Bangladesh, be detained or tried in that State for any offence committed prior to his surrender, other than the extradition offence proved by the facts on which the surrender is based;
 
 
 
 
(e) if he has once been tried in Bangladesh in respect of which his surrender or return is sought and convicted or acquitted of such offence;
 
 
 
 
(f) if it appears to the Government that he is accused of alleged to have been convicted of such an offence that if he were charged with that offence in Bangladesh he would be entitled to be discharged under any law relating to previous acquittal or conviction;
 
 
 
 
(g) if he has been accused of some offence in Bangladesh not being the offence for which his surrender is sought, or is undergoing sentence under any conviction in Bangladesh, until after he has been discharged, whether by acquittal or on the expiration of his sentence or otherwise;
 
 
 
 
(h) if it is shown to the satisfaction of the Government or of the Magistrate or Court before whom he may be produced that he might, if surrendered, be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his race, religion, nationality or political opinions.

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Ministry of Law, Justice and Parliamentary Affairs